Industry examines requirements of new National Ports Act

AS THE National Ports
Act (NPA) gets nearer
implementation, Transnet
National Ports Authority
(TNPA) has just released the
draft port rules and harbour
master's written instructions
– and they are open for
public comment until
November 15.
Although there have been
a few mumblings in the
freight industry, no official
comment has yet been made,
with all the relevant industry
bodies currently assessing
the effects of the rules in
their specific sectors of the
industry.
The majority of the rules
concern maritime matters
on the waterside of the SA
ports, but there are sections
which affect certain landside
activities.
Particularly relevant is
Chapter 8 Section 144 in the
rules which defines: “Activities
to be licensed and registered”
– and which includes ships'
agents and brokers and
forwarding and clearing (f&c)
agents.
According to the rules:
“The authority may require
persons who carry out
activities in the ports…….
to register or apply for a
licence”.
Existing agents will be
registered for a period of
three years, the rules added,
with new entrants to be
registered for a probationary
period of 12-months. An
annual registration fee will be
payable to the authority.
Under “registration
requirements” the
TNPA requires that all
registration applications
will be screened in terms
of a set of criteria – and
all applicants that meet
the requirements of the
exclusionary criteria will be
registered.
Agents will be required
to submit detailed
biographical and contact
information (including
names, identification or
registration numbers, tax
and VAT numbers, postal and
business addresses, telephone,
fax and cellular numbers
and e-mail addresses) to the
authority when registering.
Also, added to these
requirements, “the authority
will exclude applicants that
fail to meet all essential
requirements set out” –
which are referred to as “the
acceptability criteria”.
In a summary released
to FTW, the conditions of
registration for f&c agents
demand that applicants
must provide proof of
current membership of the
SA Association of Freight
Forwarders (Saaff) – although
the TNPA can grant an
exemption “on good cause
shown”.
They must have a licence
from customs and excise
to provide clearing agent
services, and will also be
required to provide valid SA
Revenue Service (Sars) tax
clearance certificates.
Under the heading for
broad-based black economic
empowerment (BBBEE)
– agents must also “submit a
verification certificate from an
accredited verification agency
or otherwise demonstrate
that they are at least a level
four (4) contributor”.
Defining the “general
conditions of registration”, the
TNPA rules also state that:
“The registered f&c agent may
not act or purport to act on
behalf of TNPA or to represent
it in any way – is not the
mandatory, agent or employee
of the TNPA arising out of
the issue of the licence – and
the TNPA shall not be liable,
vicariously or otherwise, for
the acts or omissions of the
registered f&c agent.
“The registered f&c agent
acknowledges and agrees
that the TNPA may disclose
any or all of the information
provided by the agent to law
enforcement, government and
regulatory agencies – and the
registered agent releases and
indemnifies the TNPA from
and against all losses, claims,
damages, costs, liabilities,
actions and causes of action
arising out of or in any way
connected with the disclosure
or release of any information
provided by the registered f&c
agent to such bodies”.
They also demand that
“the registered agent shall
comply with all relevant TNPA
management systems, policies
and procedures and directives”.
Clearing and
forwarding agents
must:
● provide proof of
Saaff membership
● submit a BBBEE
verification certificate
or otherwise
demonstrate that they
are at least a level four
(4) contributor